MOHAMMED YUSUF Vs. MOHTARAMA AAYESHA BEGUM SHEIKH

JUDGEMENT

(1.) HEARD learned Advocate Mr. Bhargav Karia for the petitioners, learned Advocate Mr. Nagesh C. Sood for the respondent No.1 and learned Advocate Ms. Shruti S. Pathak for the respondents No.2 and 3.

(2.) THE challenge in this petition under Articles 226 and 227 of the Constitution of India arises out of the order dated 25.09.2012 passed by the Joint Charity Commissioner, Ahmedabad in exercise of powers under Section 41(A) of the Bombay Public Trust Act, 1950 (hereinafter referred to in short as 'the Act') on the ground basically that no directions by way of restriction of operating Account No.030810024148 of Dena Bank, Sector 22, Gandhinagar could have been issued till the final decision is taken by the Assistant Charity Commissioner with regard to the Change Report Nos.163/2010 and 70/2010.

(3.) LEARNED Advocate Mr. Nagesh Sood for respondent No.1 and learned Advocate Ms. Shruti S. Pathak for the respondent No.2 and 3 oppose grant of the prayers in this petition and submit that the petitioners are not the Trustees, have no authority to manage the funds of the Trust and therefore, the Joint Charity Commissioner has directed them to operate the above account by taking an unanimous decision of the Trustees whose name appear in the Public Trust Register (PTR) as well. It is further submitted that the above direction is in consonance with the object of the Trust which was established and the Assistant Commissioner has been directed to decide the Change Reports by not later than six months and also, in absence of names of the petitioners in the PTR, no rights accrue in their favour to manage the affairs of the Trust. It is therefore, submitted that no illegality appears on the record for this Court to exercise powers under Articles 226 and 227 of the Constitution of India. In the above circumstances, learned Advocates appearing for the respective respondents submit that the petition deserves to be rejected.